Thorsten Bausch

A recent Decision of the EPO’s Technical Board of Appeal 3.2.05 found claims of a “mother” patent to lack novelty over the disclosure content of an EPO application that was a daughter (divisional) to…

EPO practice on patenting plants knows two exclusions that are defined in Art. 53(b) EPC: the exclusion of “plant varieties”, and the exclusion of “essentially biological processes for the production…

The CJEU decided yesterday that a negative declaratory action seeking to establish the absence of liability in tort, delict, or quasi-delict does fall within the scope of the "place of tort" pursuant…

On 27 September 2012, a new consolidated version of the Draft Agreement on a Unified Patent Court (Document 14268/12) was (finally) published. The consolidated text includes some of the amendments…

On 3 July 2012, the European Parliament adopted the Commission’s proposal for a new Regulation on “Customs Enforcement of Intellectual Property” (COM(2011)0285) at first reading. The document P7_TA…

The Regional Court in Dusseldorf and the Higher Regional Court in Gdansk have ruled in June and July 2012 that the Bolar exemption and the experimental-use exemption only apply to the testing entity…

The interesting six-jurisdiction patent case between two of the world’s leading enzyme manufacturers, the Danish companies Danisco A/S (now part of DuPont) and Novozymes A/S has already been subject…

With its decision of 12 July 2012, Case C-616/10 - Solvay on the interpretation of Articles 6(1), 22 (4) and 31 of Regulation (EC) No. 44/2001 (Brussels I Regulation, "BR") the European Court of…

In the decision T 1621/09 of the Boards of Appeal of the EPO the question arose whether the appellant’s new argument amounts to an amended case within the meaning of the RPBA (Rules of Procedure of…